European Union (Future Relationship) Act 2020 (c. 29)

PART 1 U.K. Security

Extradition U.K.

11 Member States to remain category 1 territories U.K.

(1) In the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 (S.I. 2003/3333) after Article 1 insert—

The following territories are designated for the purposes of Part 1 of the Extradition Act 2003—

• Austria,

• Belgium,

• Bulgaria,

• Croatia,

• Cyprus,

• Czech Republic,

• Denmark,

• Estonia,

• Finland,

• France,

• Germany,

• Greece,

• Hungary,

• Ireland,

• Italy,

• Latvia,

• Lithuania,

• Luxembourg,

• Malta,

• The Netherlands,

• Poland,

• Portugal,

• Romania,

• Slovakia,

• Slovenia,

• Spain,

• Sweden.”

(2) In Article 2(2) and Article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) omit the entry for each territory that is designated for the purposes of Part 1 of the Extradition Act 2003 by reason of subsection (1) of this section.

Commencement Information

I1 S. 11 in force at 31.12.2020 by S.I. 2020/1662, reg. 2(j)

12 Dual criminality U.K.

(1) The Extradition Act 2003 is amended as follows.

(2) In section 64 (extradition offence: persons not sentenced for offence)—

(a) in subsection (2), for “, (4) or (5)” substitute “ or (4) ”, and

(b) omit subsection (5).

(3) In section 65 (extradition offence: persons sentenced for offence)—

(a) in subsection (2), for “, (4) or (5)” substitute “ or (4) ”, and

(b) omit subsection (5).

(4) In section 142 (issue of Part 3 warrant)—

(a) in subsection (6)(a), for “European framework” substitute “ Trade and Cooperation Agreement ”, and

(b) in subsection (7), in the words before paragraph (a), for “European framework” substitute “ Trade and Cooperation Agreement ”.

(5) In section 215 (European framework list)—

(a) in the heading, for “European framework” substitute “ Trade and Cooperation Agreement ”, and

(b) in subsection (1), for “European framework” substitute “ Trade and Cooperation Agreement ”.

(6) In Schedule 2 (European framework list)—

(a) in the heading, for “European framework” substitute “ Trade and Cooperation Agreement ”,

(b) in paragraph 7, after “Corruption” insert “ , including bribery ”, and

(c) in paragraph 31, for “aircraft/ships” substitute “ aircraft/ships/spacecraft ”.

Commencement Information

I2 S. 12 in force at 31.12.2020 by S.I. 2020/1662, reg. 2(k)

13 Category 1 territories not applying Trade and Cooperation Agreement to old cases U.K.

(1) Section 155A of the Extradition Act 2003 (category 1 territories not applying framework decision to old cases) is amended as follows.

(2) In the heading, for “framework decision” substitute “ Trade and Cooperation Agreement ”.

(3) In subsection (1)—

(a) for “European extradition requests” substitute “ requests for extradition made by the United Kingdom ”, and

(b) for “the European framework decision” substitute “ Title VII of Part 3 of the Trade and Cooperation Agreement ”.

(4) In subsection (4)—

(a) omit the definitions of “European extradition request” and “European framework decision”, and

(b) at the end insert—

““the Trade and Cooperation Agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act).”

Commencement Information

I3 S. 13 in force at 31.12.2020 by S.I. 2020/1662, reg. 2(l)